The Railways (Access, Management and Licensing of Railway Undertakings) Regulations 2016

[F1 Scope U.K.

3.   In regulation 4 (scope)—

(a) for paragraph (6) substitute—

“(6) The provisions of—

(a) regulation 6;

(b) regulation 8A;

(c) regulation 8B;

(d) regulation 8C;

(e) regulation 9A;

(f) regulation 10;

(g) regulation 11;

(h) regulation 12(1), (2) and (3);

(i) regulation 13;

(j) Parts 4 to 6; and

(k) Schedules 2 to 5 (insofar as those Schedules apply by virtue of any of the provisions referred to in sub-paragraphs (a) to (j)),

do not apply to the networks listed in paragraph (7).

(6A) The provisions of—

(a) regulation 8A;

(b) regulation 8B;

(c) regulation 8C;

(d) regulation 9A;

(e) regulation 11;

(f) regulation 12(1), (2) and (3);

(g) regulation 14(9), (9A) and (10);

(h) regulation 15(1); and

(i) regulation 19(4) and (4A),

do not apply to the lines described in paragraph (7A).

(6B) In the case of the lines referred to in paragraph (7A), where sub-paragraph (7A)(a) applies, regulation 13 and Parts 4 to 6, together with the regulations referred to in paragraph (6A), do not apply until capacity is requested by another applicant.

(6C) The provisions of—

(a) regulation 8A;

(b) regulation 8B;

(c) regulation 8C

(d) regulation 9A;

(e) regulation 14(9), (9A) and (10); and

(f) regulation 19(4) and (4A),

do not apply to the regional, low-traffic networks described in paragraph (7B).

(6D) Where there is an existing public-private partnership concluded before 16th June 2015 and the private party to that partnership is also a railway undertaking responsible for providing passenger railway services on the infrastructure, that private party is exempt from the provisions of—

(a) regulation 8A;

(b) regulation 9A;

(c) regulation 14(9), (9A) and (10); and

(d) regulation 19(4) and (4A),

and regulation 5(4) does not apply to services operated by railway undertakings on the same infrastructure as the passenger services provided by the private party under the public private partnership.”

(b) after paragraph (7) insert—

“(7A) The lines referred to in paragraph (6A) and (6B) are local, low-traffic lines of a length not exceeding 100km that are used for freight traffic between a mainline and points of origin or destination of shipments along those lines, provided that those lines are managed by entities other than the main infrastructure manager and that either—

(a) those lines are used by a single freight operator, or

(b) the essential functions in relation to those lines are performed by a body which is not controlled by any railway undertaking.

(7B) The regional, low-traffic networks referred to in paragraph (6C) are regional, low-traffic networks managed by an entity other than the main infrastructure manager and used for the operation of regional passenger services provided by a single railway undertaking where—

(a) capacity for passenger services on that network has not been requested, and

(b) the single railway undertaking is independent of any railway undertaking operating freight services.

(7C) The lines described in paragraph (7A) include those that are used also, to a limited extent, for passenger services and the regional, low-traffic networks described in paragraph (7B) include those where the line is used also, to a limited extent, for freight services.”]

Textual Amendments

F1 Sch. 6 inserted (11.2.2019) by The Railways (Access, Management and Licensing of Railway Undertakings) (Amendment) Regulations 2019 (S.I. 2019/82), reg. 1(2), Sch. 2